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2005 SESSION

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SB 1140 Assisted living facilities; license requirements, civil penalty.

Introduced by: Emmett W. Hanger, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Assisted living facilities; civil penalty.  Requires administrators of assisted living facilities to be licensed by the Board of Long-Term Care Administrators within the Department of Health Professions. The bill renames the Board of Nursing Home Administrators as the Board of Long-Term Care Administrators. These licensing provisions shall take effect July 1, 2007. Among other provisions, the bill permits the Commissioner of the Department of Social Services to issue an order of summary suspension of a license to operate an assisted living facility and adult day care center in cases of immediate and substantial threat to the health, safety, and welfare of residents or participants and increases from $500 to $10,000 the maximum civil penalty for an assisted living facility out of compliance with licensure requirements. The bill also requires every employee in an assisted living facility in a direct care position to be a licensed registered nurse or pratical nurse or certified nurse aide. The bill requires medication aides in asisted living facilities to be registered by the Board of Nursing. The bill requires that assisted living facilities employ a certified nurse aide registered as a medication aide who sees each resident once a week and is available seven days a week to see any resident upon request. The bill also requires the Departments of Social Services and Mental Health, Mental Retardation and Substance Abuse Services to increase access to and improve the quality of necessary and appropriate care provided to adults with serious mental illnesses, mental retardation, or substance dependence or abuse who reside in assisted living facilities. The bill requires the Department of Mental Health, Mental Retardation and Substance Abuse Services (DMHMRSAS) to develop standards to be incorporated into the assisted living facility licensing regulations adopted by the State Board of Social Services for the provision of care and treatment, training, or habilitation services to and the protection of such adults. DMHMRSAS shall provide consultation about treatment, training, and habilitation needs of and services and behavioral interventions for such adults to licensing staff in the Department of Social Services, particularly to staff who may be designated as resource specialists for serving such adults. The bill requires each assisted living facility to provide written disclosure documents to residents upon admission. The Department of Social Services shall develop a training module for licensing inspectors. Finally, the bill eliminates the local share of the auxiliary grant funding and requires the Department for the Aging's contract with the long-term care ombudsman program provide a minimum staffing ratio of one ombudsman to every 2000 long-term care beds.


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